Dividing up the spoils: How should a settlement sum be apportioned between the insured and its insurer?

  • Published 20.04.2023

Key Takeaways

Employer liable for failure to inspect for manufacturer design changes that increase injury risk

  • Published 19.04.2023

Jethro Baker v AM Morona & F Morona & NM Morona & SM Morona (VSC 2022)

Link to Decision

Link to Video

Key Takeaways

Need more time to appeal: What is considered?

  • Published 19.04.2023

K&W Haulage Pty Ltd v BCL (NSWPICPD1 2023)

Link to Decision

Link to Video

Key Takeaways

PIC maintains decision that actions of the employer were ‘not reasonable’ 

  • Published 19.04.2023

The Hills Shire Council v Podesta (NSWPICPD 2023)

Link to Decision

Link to Video

Key Takeaways

Employers Liability Newsletter - April 2023

  • Published 19.04.2023

Recent Decisions

PIC maintains decision that actions of the employer were ‘not reasonable’
The Hills Shire Council v Podesta (NSWPICPD 2023)

Need more time to appeal: What is considered?
K&W Haulage Pty Ltd v BCL (NSWPICPD1 2023)

A clever application of the DOCA process to avail of the security for payments ‘pay now, argue later’ regime

  • Published 31.03.2023

Key Takeaways

The Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) provides a ‘pay now, argue later’ regime that allows contractors to recover undisputed progress payments under construction contracts through a summary judgment process. The process is not available to companies that are in liquidation: s32B of the SOP Act.